The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by Cathy R. Wells.
DIGEST
Martiny (SB 518)
Present law provides that certain provisions in motor carrier transportation contracts that are
against the public policy of this state and are null, void, and unenforceable.
Proposed law retains the provisions of present law and adds that any claim or defense that an
indemnity provision, covenant, or clause is null, void, and unenforceable under the provisions of
present law, if contested, shall be decided by the court prior to the trial of the case, and the
prevailing party is entitled to attorney fees and costs incurred in connection with such
determination.
Proposed law provides that any claim for indemnity based upon a provision, covenant, or clause
that is null, void, and unenforceable under the provisions of present law shall be deemed
frivolous.
Effective August 1, 2014.
(Adds R.S. 9:2780.1(J))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Removes provisions relative to the Unfair Trade Practice and Consumer
Protection Law.
2. Adds that any claim for indemnity based upon a provision, covenant, or clause
that is null, void, and unenforceable shall be deemed frivolous and shall subject
the claimant to attorney fees, court costs, and reasonable costs incurred in the
dismissal of the indemnity claim.
3. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Changes provisions of proposed law so that any claim or defense that an indemnity provision, covenant, or clause is null, void, and unenforceable shall be
decided by the court prior to the trial of the case, and the prevailing party is
entitled to attorney fees and costs incurred in connection with such determination.